R.Thamilarasi (Rtd Staff No. Ppo 92638) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R. Thamilarasi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned Leave salary and other benefits likes, Arrears of Leave Surrender, ERBS Pension amount, 10 days salary and DA arrears with effect from 01.07.2019 within the stipulated time as may be fixed by this Court.

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For Petitioner : Mr.N. Desinghu For Respondents : Mr.K. Raja, Standing Counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had retired from service on 30.06.2019 on reaching the age of superannuation. However, her terminal benefits came to be settled belatedly and the respondents have not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondents on 09.09.2023, which is yet to be considered.

3. Though the petitioner has also sought for disbursal of certain alleged retirement benefits in this Writ Petition, such request requires to be work out by making a representation before the concerned authority only.

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4. This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 6% per annum. In this background, this Court is of the view that if the respondents are directed to pay interest on the belated payment of the terminal benefits of the petitioner, the ends of justice could be secured.

5. In the light of the above observations, there shall be a direction to the respondents herein, to settle the interest amount at the rate of 6% per annum on the belated payment of the terminal benefits from the date of the petitioner's retirement till the date of actual payment, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

12.12.2023 Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No 3/5

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M.S.RAMESH,J.

Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri District.

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